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FAQs
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What is the process to get Educational Credential Assessment (ECA) for Canada PR from WES?
For everyone asking questions on WES. Steps for WES ECA evaluation for Canada Immigration purpose, important points and some more info.(a lot of info, so going to be a long post) Before you start just check following things: 1. Website: World Education Services Canada: International Credential Evaluation [ https://www.wes.org/ca/ ] Please please go through the website and make yourself familiar with navigation. You will get most of your answers there. Don't start asking questions before going through information posted on website. Its for your own good to get first hand information before listening to other people. ***Always make sure you are on Canada website not USA one. you can see that on top right corner of Website where a flag is listed with country name or in website address with "/ca" listed in address.*** 2. Degree equivalency tool Degree Equivalency Tool [ https://applications.wes.org/ca/degree-equivalency-tool/ ] WES has free tool to check equivalency of your degree to Canadian degree. Don't rely completely on this as the final assessment always depends on the actual evaluation but it will give you an idea and a head start. If your degree is not listed there it doesn't mean it wont be equivalent to anything, you will get to know that in real assessment. ***If you are not sure after using the tool, if your degree/college will be valid for ECA through WES try to email/ WES to check or ask if anyone had same degree evaluated before. That might help you little bit in the case where your degree/ college is not valid and save you some money, you can check other designated organizations for your ECA then.*** 3. Required Documents Required Documents - World Education Services [ https://www.wes.org/ca/required-documents/ ] Check what documents you need for your evaluation here. If you don't have those in hand just start collecting those. Get your transcripts from your university or any other document listed as per your education. You can also ask your university if they can mail your transcripts directly to WES, you can use "Academic records request form" given on website for this. Check if your University needs their own form filled too for releasing your documents.(do this after you get your WES reference number as you will need that in case you are giving the address of WES to university for mailing your transcripts, In case you are taking your transcripts yourself for mailing, you can get reference number later too). ***Make sure your transcripts are valid. Transcripts must show: all subjects taken, grades received for each subject, and for each year you were in the program. Semester wise transcripts are not valid for evaluation. Transcripts should be sealed and signed with a stamp from university.*** ***If your University does not give subject-wise Transcript, Ask if you can get all your mark sheets attested from University, and they will sign and stamp all photocopies and put them in one envelope and seal them with stamp like transcripts. That is mostly called document verification in University.*** 4. Check how will you pay your fees. Credit card/ Money order/ Western Union or in case any other option listed in instructions. Check it out. Fee is approximately $225-$230(including taxes) in Canadian currency. Rest depends on what additional services you chose for delivery etc. Cheapest courier option is $7. ECA - World Education Services [ https://www.wes.org/ca/evaluations-and-fees/eca/ ] Next steps: 1. Create a WES account. World Education Services Canada: International Credential Evaluation [ https://www.wes.org/ca/#get-started ] Click "Apply now", then click on "Canada", Then "ECA application for IRCC" and proceed with further steps. ***Make sure you choose ECA application for IRCC not the other option.*** Fill up your details in all pages very carefully and correctly. You will have to provide a recipient address, give your address there. When you will proceed it will automatically generate "Recipient 2" as IRCC. Don't worry about that one, it is used for electronic delivery of your records to IRCC when you put your WES report number while filling your express entry profile. 2. Pay your fees 3. Reference number will be generated.(This will be used in all your communications with WES) ***Once you submit your profile and reference number is generated you cannot edit your information so do not be in haste, check carefully and then submit.*** ***Your reference number is not ECA report number. You can't use it in Express entry profile. It is only used for communication with WES. When your evaluation is completed and you get your ECA report it will have your ECA number which you will mention in Express Entry application.*** 4. Read all instructions on what documents to send and at which address. *** Put your reference number on all your transcript envelops(at an empty space, not on the seal or signature or anywhere on flaps) and backside of your degree photocopies. I will suggest using a pencil not a pen for that as sometimes pen ink leaks through paper.*** ***You can put all your documents in one big/ master envelope and send to WES. No need to mail everything separately. Make sure again to put your reference number with WES address on the packet.*** ***Do not send any original document to WES unless asked specifically with instructions that they will return it after evaluation.*** 5. you can check status of your application by logging in your WES account. It will show once they have received your documents, your evaluation report will take up to 20 days after your documents are received. Be patient. ***If you are using tracking with your courier and it shows your documents delivered but WES account doesn't show received don't panic. It takes up to a week for WES to update receiving of documents.*** 6. Once your evaluation is completed you most probably will receive an email. You can find pdf copy of your report by logging in your WES account. ***Check your report that everything is correctly mentioned.*** ***No need to wait for hard copy of your report for Express entry if you have got pdf version in your account. It is same and have your report number on it which you can use for express entry profile.*** ***Your ECA is valid for 5 years.*** Note: Do not ask any question if you have not read entire post. If the information is already posted here just check it out. I am no expert but will try to answer any question which I haven't answered here if and only I am sure about that. Will also edit the post and add the point. If I have posted anything wrong feel free to mention and I will edit the post. Good Luck. Cheers.
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As a startup founder of three years our legal housekeeping is a bit of mess, how can I best setup a system to organize and track
As a startup founder of three years myself, I can relate to how legal housekeeping can be messy. Once a year, I have our own lawyers go through and do an audit of all of our legal paperwork (which costs a couple thousand dollars to be extremely thorough, but it’s worth it). Luckily, there are now many ways to easily manage and track all of your legal, financial, and HR documents via third-party sites that specialize in these management proceedings. I wrote a blog post about this awhile back titled “5 Ways to Save Time Dealing With Documents” which highlights certain sites that can be very beneficial depending on what paperwork you’d like to track or manage. They are as follows:1. GroupDocsGroupDocs is a new, comprehensive online service for document creation and management. It has multiple features, including a viewer for reading documents in your browser, an electronic signature service, an online document converter, a document assembly service, a feature for comparing different versions of a document, and an annotation feature. An individual plan is $10 per month for limited storage and 500 documents, while a group plan for up to 9 people is $19 per user per month. Based on the number of features and pricing, GroupDoc is a good-value purchase for a small business. As you’ll see below, GroupDocs can be cheaper than a service that offers only one such feature.2. signNowWhen you’re closing a deal and need to get documents signed, the last thing you need is a slow turnaround due to fax machine problems or the postal service. The solution is to use an electronic signature service such as signNow, which is one of the most popular e-signature companies in the world. This service allows you to email your documents to the person whose signature you need. Next, the recipient undergoes a simply e-signing process, and then signNow alerts you when the process is completed. Finally, signNow electronically stores the documents, which are accessible at any time. As a result, you can easily track the progress of the signature process and create an audit trail of your documents. The “Professional” plan is recommended for sole proprietors and freelancers, and costs $180 per year ($15 per month) for up to 50 requested signatures per month. The “Workgroup” plan is geared towards teams and businesses, and it costs $240 per user per year ($20 per month per user), for unlimited requested signatures.3. signNowsignNow is another e-signature service. Similar to signNow, signNow allows you to upload a PDF file, MS Word file or web application document. Next, you can edit the document, such as by adding initials boxes or tabs, and then email them out for signatures. Once recipients e-sign the document, signNow notifies you and archives the document. signNow offers low rates for these services: a 1-person annual plan with unlimited document sending costs $11 per month. An annual plan for 10 senders with unlimited document sending costs only $39 per month.4. ExariExari is a document assembly and contract management service that assists in automating high-volume business documents, such as sales agreements or NDAs. First, the document assembly service allows authors to create automated document templates. No technical knowledge is required; most authors are business analysts and lawyers. Authors have a variety of options for customizing documents, such as fill-in-the-blank fields, optional clauses, and dynamic updating of topic headings. They also can add questions that the end user must answer. Once you send out the document, the user answers the questionnaire, and Exari uses that data to customize the document. Next, the contract management feature allows you to store and track both the templates and the signed documents. Pricing is based on the size and scope of your planned implementation, so visit their website for more information.5. FillanyPDFIt’s a hassle having to print out PDF forms in order to complete them. Fortunately, FillanyPDF is a service that allows you to edit, fill out and send any PDFs, while entirely online. This “Fill & Sign” plan costs $5 per month, or $50 per year. If you subscribe to the “Professional” plan, you can also create fillable PDFs using your own documents. With this service, any PDF, JPG or GIF file becomes fillable when you upload it to the site. You can modify a form using white-out, redaction and drawing tools. Then, you can email a link to your users, who can fill out and e-sign your form on the website. FillanyPDF also allows you to track who filled out your forms, and no downloads are necessary to access these services. The “Professional” plan costs $49 per month, or $490 per year.Switching firms can be a hassle. As a former startup attorney, I have a bit of advice about finding the right attorney for your business: it’s best to focus on the specific attorney you’ll be working with. He or she should have a solid understanding of the ins and outs of your business industry, a deep knowledge of the legal issues your startup may face, and previous work experience with startups to ensure a quality and efficient work product. This is absolutely key when matching our startup clients at UpCounsel to attorneys on our platform who can perform their legal work and hash out their legal projects in a timely manner. We also allow clients to store any and all of their legal documents directly on UpCounsel so they don’t have to go searching in alternative places for the correct paperwork. It’s proven to be a free and lightweight way to store legal documents that our clients love. Here's what it looks like:As I’ve mentioned, it’s more important to find the right attorney as opposed to the right law firm. And seeing as you’re a startup, our own startup clients typically save an average of 50-60% on their legal work, since the attorneys don't include overhead fees (a.k.a. the fees included for doing business with the firm itself) in their invoices.Hope this gives you a deeper look into what other sites and services are out there. If you have any questions or would like more information on how best to handle your legal housekeeping/ attorney matters, feel free to signNow out to me directly. As a former startup attorney at Latham & Watkins, I’d be happy to give you some guidance.
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Why are Apple devices so expensive? Are they worth it?
I am typing this answer from a Mid-2012 15″ Retina Display Macbook pro. This laptop since the time it was bought has seldom seen a day it was not switched on and used for 10 hours or more.Never has it felt slow or sluggish or needed an OS reinstall. It has received a major software update every single year that has made the laptop progressively better. When needed, I am able to use Parallels to boot into windows and have it work as well as it does on a Windows laptop. Same holds for Linux too. It has survived more than a few falls and a fair share of abuse.Apple for its part has,Replaced the entire screen when I had a single dead pixelReplaced the entire top case, when I felt the shift key was slightly looseReplaced the entire screen again when there was a recall for potential issue with the anti reflective coatingReplaced the GPU, 4 years after purchase, based on a recallThe only work I paid for was a battery replacement last month after thousands of battery cycles. This constituted replacing the entire top case again, along with a new keyboard and trackpad for a very reasonable $200.While they were at replacing the battery, because the technician felt the ports did not align perfectly (Probably due to a fall that I caused earlier in its life) and he also replaced the entire logic board on the 6 year old laptop, essentially transforming it into a nearly new laptop again.The 6+ year old laptop now functions like new, has a battery backup of 7+ hours and just had the latest Mojave beta installed on it.In contrast to this, a Lenovo - Windows signature laptop that I purchased from a Windows store around the same time, was screwed up when updating form windows 7 to 8. The issue was because of a driver file that was supposed to manage a hybrid HDD and SSD. The store could not help me or replace the computer. I eventually had to spend several weekends fixing it myself. The laptop lasted another year and half before it completely died.To avoid this being brushed aside as a one off case of good fortune with my Macbook pro, let me also add that my business has about 40 computers, with a fair share of both Mac and Windows computers. We have everything ranging from Mac mini’s, iMacs, Macbook Air’s and Macbook Pro’s. They date all the way back to 2012 and the only issue they have ever faced is needing to replace a faulty hard drive in one of the iMacs. On the contrary, the windows laptops and desktops we have used haven’t fared so well and have an average replacement time of 2.5 years.I have also owned 16+ phones over the past 7 years and that includes every generation of iPhone starting from the iPhone 3gs, to the iPhone X that I use now. I have also tried a variety of android phones; usually at least one from each generation and other phones like a windows phone and a blackberry. I have an old iPhone 5 and 5S still lying around, that work pretty well. In fact the 5S is getting the iOS 12 update, almost 5 years after its release. Anytime I have had an issue with an iPhone, it simply involves walking into the apple store and walking out with a replacement device. I cant recall even a single instance where I had to leave the phone and come back later. My Samsung and Sony phones on the other hand have had me ship the phone out for repairs and have made me wait a minimum of 2 weeks to get it back.I also own an iPad (Apple even replaced one of the iPads that I dropped and broke within about a month of purchase, with a new one, simply because they could), Apple watch and airpods. My iPad air has been working flawlessly now for about 4 years and my watch for 3 years or so. The airpods have survived multiple drops and even a short washing cycle.I can’t think of any other brand that has given me the consistent reliability that apple has demonstrated with it’s products, almost across its entire product line. I have also not seen any other brand even come close to offering the quality of service that I have received from Apple over the years.In addition to this, almost every person I know in my personal or professional life, including my own parents have never turned back to an Andriod phone or a windows laptop after being introduced to an iPhone or a Mac. The most commonly cited reason for not turning back is ‘ease of use’. Personally, I am a tech enthusiast and love tinkering around with both hardware and software. I can find my way around most electronic devices very well and even with that background, I do find Apple products to be consistently better designed from a user experience perspective and will certainly prefer and pick an Apple device when I want something that simply works well. I imagine this difference in UX would be even more acute for a less tech savvy user.My experience with apple clearly suggests this; Sure, I may have paid more upfront for some of the Apple products that I have purchased over the years, compared to alternatives. But, when you consider the full cost of ownership, such comparisons become almost meaningless with Apple being the clear winner in terms of cost and most other factors you compare them on, such as performance, user experience or support.While there are several genuine criticisms that stand against Apple and its products, many that you hear on a daily basis such as Apple being expensive, come from people who have never owned or consistently used an Apple product. If you are trying to decide if an apple device is worth it, it would be far more prudent just to try one yourself or at least rely on the collective opinions of people who have used both Apple products and non Apple alternativesPS: Before being labelled an Apple fanboy, let me add that I was a windows only person for the first 21 years of my life. I am a software engineer and a tech enthusiast who loves good technology products irrespective of its brand. Despite what I have said about Apple above, I also own and use Windows laptops, desktops, tablets (Both Windows and other Os’s), Computers running Linux, Game Consoles, Electronics from other manufacturers such as Tv’s, Projectors, Monitors and so on. All devices have been paid for out of my own pocket and there is very little incentive for me to favor Apple, except based on my own purchase and ownership experiences.Edit: Adding a picture as I am seeing comments and messages questioning the authenticity of the answer. Hope this settles it.
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What's the shadiest thing your employer did before firing you?
To this date, it still makes me sick to my stomach.Years ago, I got hired as an assistant manager for a company that I’m not going to name for obvious reasons.I was obsessed with my performance, I would make sure that my job (and the job of the people that I supervised) was always top notch, I would stay overtime even if it wasn’t required just to make sure that things were getting done the right way.I would always get out of my way to make sure that I was a high performer, to the point of working 3 days in a row of 12, 16, and 14 hours shift respectively at one point; I was exhausted, but I loved that job.I would ask my direct manager for feedbacks and recommendations just to make sure that I was following my manager’s vision.Up to this moment, everything seemed good so far.One day when I was off work, my manager texted me my schedule.Because she was leaving on vacation, starting the next day, I was supposed to work 14 days in a row; as I said before, I enjoyed my job so I was fine with it.And here comes the shady part:The next day when I arrive at my job, I started my day as usual, my manager wasn’t there because she was off for vacation.I proceeded to do paperwork and other stuff.An hour later, I received a message from our facility’s security office stating that 6 new temporary employees just arrived at the facility.I thought to myself: “Jum… My manager probably forgot to mention this yesterday”I proceeded to pick them up and take them to a parking lot that we’ve been pressure-washing for the past couple of days.Two hours into my shift, I see that the facility and maintenance manager arrived at the same time.That was very uncommon because:My manager was supposed to be on vacation.The maintenance manager worked the second shift.I greeted them and they told me to follow them to the office.Fast forward and she handed me a paper and said:“Your employment has been terminated effective immediately.. blah.. blah.. blah.. You can use me for references… more blah…”All of this while the maintenance manager sat on his desk red-faced staring at the floor.I asked her: “Why is my employment been terminated without any prior notice or warning about my performance?”She said that it was terminated due to an overbudget.I proceeded to ask her about my performance during my time working for them.As always, she said that it was excellent.I thanked them for the opportunity and left.Shady part?She knew that she was going to fire me the next day and still sent me a month-long schedule where I would be covering her vacations the day before.She said that my employment was terminated due to an overbudget but hired 6 employees that very same day; completely unnecessary to be honest.
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How do I file income tax return in India?
Greeting Friends !!!If you are going to file it yourself, then following is the procedure:-Before you start the process, keep your bank statements, Form 16 issued by your employer and a copy of last year's return at hand. Next, log on to http://incometaxindiaefiling.gov...Follow these steps:Step 1: Register yourself on the website. Your Permanent Account Number (PAN) will be your user ID.Step 2: View your tax credit statement — Form 26AS — for the financial year 2015–16 . The statement will reflect the taxes deducted by your employer actually deposited with the I-T department. The TDS as per your Form 16 must tally with the figures in Form 26AS. If you file the return despite discrepancies, if any, you could get a notice from the I-T department later.Step 3: Under the 'Download' menu, click on Income Tax Return Forms and choose AY 2016–17 (for financial year 2015–16 ). Download the Income Tax Return (ITR) form applicable to you.Which Income Tax Return Form Require to file or applicable F.Y. 2015–16 by Hetal M Kukadiya on Tax Knowledge Bank - IndiaStep 4: Open the downloaded Return Preparation Software (excel or Java utility) and complete the form by entering all the details , using your all documentsStep 5: Ascertain the tax payable by clicking the 'Calculate Tax' tab. Pay tax (if applicable) and enter the challan details in the tax return.Step 6: Confirm all the information in the worksheet by clicking the 'Validate' tab.Step 7: Proceed to generate an XML file and save it on your computer.Step 8: Go to 'Upload Return' on the portal's left panel and upload the saved XML file after selecting 'AY 2016-2017 ' and the relevant form. You will be asked whether you wish to digitally sign the file. If you have obtained a DS (digital signature), select Yes. Or, choose 'No'.Step 9: Once the website flashes the message about successful e-filing on your screen, you can consider the process to be complete. The acknowledgment form — ITR—Verification (ITR-V ) will be generated and you can download it.Step 10: you can Verify online with EVC Pin or Take a printout of the form ITR-V , sign it preferably in blue ink, and send it only by ordinary or Speed post to the Income-Tax Department-CPC , Post Bag No-1 , Electronic City Post Office, Bangalore - 560 100, Karnataka, within 120 days of filing your return online.Its Advisable to go with CA help for filling Tax return. There are lots of amendment come in every year, to file accurate return and Tax planning benefit etc so Prefer to go with expert like CA, Tax Preparer etc…Be Peaceful !!!
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What are ways we can improve gun laws that benefit both sides that want them or want safety?
For me it really comes down to this. There are a lot of gun laws on the books right now as it is. These gun laws have varying degrees of success. Some I don’t like but can live with, but other just plain aggravate me.To speak of where I currently call home, New York boasts some of the “toughest gun laws in the country”. Most importantly is their so-called “assault weapons” ban. It is an insane law in that I can own an AR-15, minus a few evil features. But the actual gun, the so-called “assault weapon” is entirely legal. The law is entirely ineffective as well. They imposed a ten round magazine limit, thinking this does anything, yet the Parkland shooter used 10 round mags quite effectively to carry out his heinous act. It clearly isn’t effective.What do we measure effectiveness by? For me, it is statistics. According to the FBI, there were 628 murders in New York state in 2016, 367 of these with guns. That leaves us with a per capita gun homicide rate of 1.86 per 100,000 people. New Jersey, with similarly strict gun laws has a whopping rate of 3.1 per 100,000 people. Go north to Vermont, where the gun laws were lax in 2016, that rate drops to 0.9 gun homicides per 100,000. Next door in New Hampshire has a rate of 0.6 per 100,000 people, and they have VERY lax gun laws. Head south to Massachusetts, with its tough gun laws, and that number jumps back up to 1.25 per 100,000 people. So let’s break that down, NH vs NY, in 2016 there were 16 murders in the entire state of New Hampshire, 8 of those with guns. In just the city of Syracuse NY in that same year there were 31 murders, from a quick count 19 of those were by gun. So much for those tough gun laws, but breaking down the statistics you are 3x more likely to die by gun in NY than NH (0.6 vs 1.8/100,000 people). It is simply the fact stated bluntly.9 of 16 killings solved in 2016 | New HampshireMeet the 30 homicide victims killed in Syracuse in 2016, the city's deadliest yearTable 12So now let’s get to the crux of the argument I am making here. Its quite clear from the data that the supposed “toughnes” of gun laws don’t effect crime. Some lax states have high gun homicide rates, some very low (NH is the lowest, BTW). Anti-gun groups like Giffords would have you believe in graphs like this:Reality is the data, using the same grades they give states for gun control level, looks more like this:With no statistical significance between any of those groups. Perhaps the discrepancy lies with inclusion of some other criteria, probably suicides or perhaps it also includes people shot but not killed. I’m not sure and would love to pour through their data myself, but they don’t publish it.Likely stronger determinants of gun crime are population density and poverty level of the region/state in question. Thus, most gun laws in the state of NY, as an example, are nothing but feel good legislation with no actual effectiveness on crime, they don’t tackle the root causes of why people commit crime (chiefly poverty). Thus it doesn’t make sense that a state like NY with tough handgun laws has a handgun homicide rate of 1.5 while a state like New Mexico, with incredibly lax handgun laws, has a handgun homicide rate of 0.6/100,000.So getting back to the question at hand. If you want to start talking about what legislation we need, let’s also talk about legislation you don’t need. It shouldn’t take you 6 months to go through the permitting process in NY to get a handgun when it clearly isn’t helping. And in NY I should be able to concealed carry (they make it virtually impossible here). Then maybe I’ll sit down and talk with you about Extreme Risk Protection Orders. Let’s remove the absolutely laughable concept of magazine limits, and then I’ll sit down and discuss the merits of a bump stock ban. And that’s not even touching on the subject of federal laws, such as 922r compliance (aka the “sporting purposes” clause; protip - the 2nd amendment isn’t about sports).So to summarize keep pushing for more laws when the ones we have are infringing on our rights and not keeping us safe, and what you will end up with is simply a pushback from us. If instead you want to come to the table and comprise, scratch our back and maybe we’ll scratch yours. We’ll see.
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What are some of the general facts to know when dealing with police so that they cannot take advantage of an individual in India
We all know that the Indian constitution is very intricate, and complex. Its complexity is such that we fail to know many of our basic rights, let alone understand them. It's ironic considering we often talk about the importance of knowing our fundamental rights; ask anyone about rights and they will give you their two cents about freedom of speech and you'll regret even bringing up the topic.Regarding your Question:When a Police refuses to file an FIR: If a police station refuses to register FIR for an alleged cognizable offence, one need not bribe him to get the complaint registered. Instead the substance of information can be sent by post (registered post, acknowledgment due is preferable) to the Assistant Commissioner of Police or Deputy Commissioner of Police or Commissioner of Police of respective zone. If satisfied that information suggests the commission of cognizable offence, the concerned officer as stated above shall get the FIR registered, shall get the FIR registered and investigated. If FIR is still not filed, one can go for RTA, or complain to State Home Ministry, or file a private complaint with the Magistrate or approach Vigilence or Anti-corruption department to complain. (Personal experience. When myself and my friend approached a Police Inspector to lodge a complaint, the inspector out of ignorance didn’t take up the complaint deeming the case to be cyber crime. It is only after counselling by DCP of crime department to the said police officer, did he accepted the complaint. It’s the DCP sir who took the courtesy to enlighten us with the procedure to be followed)If a police officer claim that phone recordings or emails or messages can’t be accepted as valid evidences, quote him sec.65A of Indian Evidence Act read with sec.2(1)(t) of Information Technology Act, 2000 where it can be established that electronic records can be accepted as evidence. One can quote no.of settled case laws in thid regard, if the officer is still not satisfied. If he is not still convinced, record your statement in writing regarding admissibility of your evidence and ask the concerned officer (politely) to forward the evidence during trial of suit before honourable judge and let him decide upon acceptability of evidence. If he still insist that the evidence can’t be admitted, nothing to worry, as court is empowered to entertain new evidence which is not on record, if the complainant is reasonably avoided from producing the evidence before inspector prior to proceedingsThe complainant have right to hear the complaint written by writer in police station and should sign the complaint form only after hearing it and is satisifed that the complaint is complete in all aspects, explaining the offence commissioned accurately. The complainant have right to receive an attested copy of FIR and the officer is duty bound to provide the complainant with FIR.The accused is also entitled to obtain attested copy of complaint to know the charges filed against him and the officer is duty bound to provide him with copy of it.Further, no police officer below rank of ASI can stop vehicle to check documents if the no violation is committed by the motorist or other driver. Further even if a violation is committed, the constable or head constable can at max, raise a ticket but can’t levy a spot fine. If the constable still insist on spot fine, one can insist on receipt for fine paid which can’t be authorised by constable or head constable.(however this rule is subjective and may vary from state to state. This rule is based from Delhi law)Edit 1 - Only lady police can escort female accused to police station for inquiry. Further a female accused can deny to visit police station between 6 pm to 6 amWomen have right to deny interrogation at police station and they can direct police officer to conduct interrogation at their houses in presence of a lady constable and family membersNo woman in police custody shall be lodged even for a single night in a police station except under unavoidable circumstances. A woman prisoner shall be placed before magistrate of first class for remand to judicial custody who shall immediately be transferred to prison as an undertrail prisoner.A cop can't beat you up for the heck of it,Yes, he’s called a beat officer. No, that doesn’t mean he can beat you up. Unless you:a. Try to run awayb. Resist arrestThere's a popular Hindi saying: "A policeman is never a good friend or good enemy". Avoid the thana at all costs. It is going to stain your record, and police stations are not exactly famed for hospitality. You don’t have to go to the police station if an officer asks you, unless you’re formally being arrested. Otherwise, he needs a written summons to get you to come to the police station.If you didn’t read the law books, don’t worry. We did. Here’s a ‘Too Long, Didn’t Read’ gist – a male cop can’t show up at a woman’s house or accost her on a road at night and arrest her.If you are scheduled for an exciting evening at your local thana, you need to memorize these two phrasesi. Inspection memo: It describes what you looked like before they locked you up. If magically bruises show up next morning, this will be proof that you were beaten up. And trust us, a magistrate will take notice.ii.Memo of arrest: This piece of paper logs everything about the arrest – who, what, where, when, why, how – all that with signatures from witnesses. So they can’t cook up your case later.13.If your crime is one where you can get away by paying a fine, ask the cops to make a challan and pay the legit amount, which is usually very nominal. Don’t be so scared that you literally hand over your debit card and ATM Pin to the SHO!14.Don’t be afraid to call your family when things go out of hand. Your parents will yell and shout for a few months, but a police record lasts forever. Imagine, being able to look back years later, and say – "I remember the time I called mom from prison!”15.Cognizable and Non Cognizable OffencesThe Indian police may arrest a person for both cognizable and non cognizable offences under the Criminal Procedure Code, 1973 (the "CrPC"). A cognizable offence is one for which the police does not require a warrant[1]. Cognizable offences include more serious violations and are set out in First Schedule to the CrPC.Grounds other than Cognizable Offences under which a person may be arrested without a warrantApart from cognizable cases, the police may arrest the following persons without a warrant under the following circumstances (Section 41 of the CrPC):a person has an implement of housebreaking without reason;a person who is proclaimed an offender under the CrPC or is by the State;a person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to the same;a person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;a person who is reasonable suspected of being a deserter from any of the Armed Force;a person who is reasonably suspected of committing an act abroad which would be an offence in India;a person who, being a release convict, commits a bsignNow of the conditions of his release;a person for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisitionAdditionally, Section 42 provides that a person who in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, may be arrested without a warrant.Arrest how made in case of arrest without warrantEvery police officer arresting any person without warrant is required to immediately communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.What are your rights on arrestWhere a person is arrested without a warrant, the police officer is required to tell him the nature of his offence, and in case of non bailable offences, his right to apply for bail (Section 50(2) of the CrPC).Every police officer or other person making any under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may as may be disclosed or nominated by the arrested person for the purpose of giving such information and this right is required to be communicated to the person arrested as soon as he is brought to the police station (Section 50A of the CrPC).A person is required to be brought before the Magistrate by the police officer as soon as possible but at least within 24 hours from his arrest excluding travel time (Section 76 of the CrPC).Article 22 of the Constitution provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.DischargeBailSection 59 of the CrPC provides no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate. Accordingly, when the person is brought before the Magistrate, the arrested person would presumably make out his case for wrongful arrest or apply for bail and the Magistrate may order release (Section 81 of the CrPC.Section 436 of the CrPC contains detailed provisions for when bail may be applied for post arrest.Even in case of non bailable offences, bail may be applied for and granted unless it reasonably appears to the court that such person is guilty or that uch offence is a cognizable offence and he had been previously convicted ofan offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence (Section 437 of the CrPC).Anticipatory BailThe OP's question actually posits that the Indian police would be trying to arrest a person under a false pretext, which I could interpret as meaning that the arrest has not yet occured but is apprehended.As such, a person apprehending arrest for a non bailable offence may apply to the High Court or the Sessions Court having jurisdiction for a direction that upon arrest he shall be released on bail.Habeas CorpusHowever, if a person is kept in custody for a longer period and not brought before the Magistrate, a petition under Article 226 of the Constitution for a writ of habeas corpus [2] should lie. A petition can be filed under Article 226 to the relevant High Court having jurisdiction and the High Court would ask for the person to be brought before it and secure his release.Wrongful detention offends against Article 21 of the Constitution i.e. the write to life and[1] A warrant is issued by the relevant court having jurisdiction. In cognizable cases, the police can arrest without obtaining a warrant from the court.[2] Habeas corpus literally means ‘have the body’.
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